Being arrested for petit theft in Florida can be overwhelming, especially if it’s your first time facing the criminal justice system. Even a notice to appear—without handcuffs—can feel like your whole future is on the line.
As a Florida criminal defense attorney, I’ve helped countless clients navigate this process and fight for the best possible outcome. Understanding what to expect can make the experience less frightening and help you make smart decisions from day one.
1. Arrest or Notice to Appear
Petit theft cases in Florida usually start in one of two ways:
- Arrest – Police take you into custody and bring you to jail.
- Notice to Appear – A written notice telling you what you have been charged with and is used in lieu of arrest.
Key Tip:
Even if you only received a notice to appear, it is still a criminal charge. Ignoring it will lead to a warrant for your arrest.
2. First Appearance (If Arrested)
If you’re booked into jail, you’ll have a first appearance hearing within 24 hours. This is where a judge:
- Reviews the charges
- Sets bond
- Determines any conditions of release
For petit theft, many people are released without bond, but the court might impose restrictions like “stay away” orders from the store. So you may be released on your own recognizance or set a low bond, if you have no criminal history.
3. Arraignment
Your arraignment is your first formal court date. The judge will:
- Read the charges against you
- Ask for your plea (guilty, not guilty, or no contest)
- The prosecutor usually will provide an offer
- This is usually the court date by which the State decides what if any charges they will formally file against you.
If you hire a lawyer before arraignment, in many cases we can waive your appearance so you don’t have to take time off work or school.
4. Pretrial Conferences and Negotiations
This is the stage where your attorney and the prosecutor discuss your case.
Possible outcomes here include:
- Dismissal – If the evidence is weak, your lawyer can push for the charges to be dropped.
- Diversion programs – Many first-time offenders can complete theft prevention classes, community service, and restitution in exchange for a dismissal. Diversion program is a formal contract with the State.
- Plea agreements – A deal to plead to a lesser offense or avoid jail time.
Why It Matters:
This stage is where legal strategy makes the biggest difference. A good defense can mean the difference between a conviction and a clean record.
5. Motions and Hearings
If there were problems with your arrest or the evidence, your lawyer may file motions such as:
- Motion to Suppress Evidence – For example, if the store’s search violated your rights.
Winning these motions can end your case before it ever reaches trial.
6. Trial
If negotiations don’t lead to a resolution, your case goes to trial.
Petit theft trials in Florida can be:
- Bench trial – Decided by a judge
- Jury trial – Decided by six jurors
In a Petit Theft case, the State must prove beyond a reasonable doubt that:
- You knowingly took property
- The property belonged to someone else
- You intended to deprive the owner of it
If the prosecution fails on any point, you must be found not guilty.
7. Sentencing
If you’re found guilty or enter a plea, the judge will sentence you.
Penalties for petit theft can include:
- Fines
- Probation
- Community service
- Restitution
- Jail time (up to 60 days for second-degree petit theft, up to 1 year for first-degree petit theft)
For first-time offenders, judges often order probation and a theft prevention class instead of jail.
8. After the Case: Sealing or Expunging Your Record of Petit Theft
Even if your case is dismissed, you need to take extra steps to clear your record. Florida does not automatically erase criminal charges from public view.
A defense lawyer can help you seal or expunge your record so employers, landlords, and others can’t see it.
Example: How the Process Can Play Out
Case 1 – First Offense:
Maria is accused of taking a $20 makeup item from a store. She’s given a notice to appear. Her lawyer negotiates a diversion program—20 hours of community service and a theft class plus fees. The charge is dismissed, and her record is later expunged.
Case 2 – Second Offense:
David has a prior petit theft conviction. He’s arrested for allegedly stealing a phone. His lawyer challenges the store’s surveillance footage, showing it was unclear. The State drops the charges before trial.
Why Having a Criminal Defense Lawyer Matters
Petit theft may sound minor, but in Florida it’s still a criminal offense with serious long-term consequences. Without legal guidance, you could:
- End up with a permanent criminal record
- Lose job and housing opportunities
- Face harsher penalties for future offenses
A lawyer can protect your rights, challenge the evidence, and push for outcomes that protect your future—whether that’s dismissal, diversion, or acquittal.